Willcox v. Tennessee District Attorneys General Conference et al
| Edith S Willcox |
| Tennessee District Attorneys General Conference, James W Kirby and Russell Johnson |
| 3:2007cv00359 |
| September 17, 2007 |
| US District Court for the Eastern District of Tennessee |
| Knoxville Office |
| Roane |
| H Bruce Guyton |
| Thomas W Phillips |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| None |
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| Document Text |
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Filing
24
ORDER denying 20 plaintiff's MOTION to strike and granting 16 defendants' MOTION to amend. The court revises its previous findings and now holds that plaintiff is not subject to the relevant provisions of the Fair Labor Standards Act. The court further declines to exercise its supplemental jurisdiction over any remaining state law claims. Accordingly, the action is hereby DISMISSED. Signed by District Judge Thomas W Phillips on January 9, 2009. (AYB)
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Filing
15
ORDER granting 11 defendants' Motion to Strike and granting in part and denying in part 3 defendants' Motion to Dismiss. Because the Tennessee District Attorneys General Conference is an arm of the state, the Eleventh Amendment bars sui t against it, and accordingly all claims against the Conference are dismissed for lack of subject matter jurisdiction under Rule 12(b)(1). Finally, defendants' Motion to Dismiss is denied in part with regard to plaintiff's claims against th e individual defendants under the Fair Labor Standards Act and for common law breach of contract. The motion is granted in part under Rule 12(b)(6) for failure to state a claim against the individual defendants, whereby such claims are dismissed against the individual defendants. Signed by District Judge Thomas W Phillips on September 30, 2008. (AYB)
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